Mininni v. New York City Employees' Retirement System

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered September 23, 1999, which dismissed the petition brought pursuant to CPLR article 78 to annul respondents’ determination, dated December 10, 1998, denying petitioner’s application for disability retirement benefits, unanimously affirmed, without costs.

The Medical Board’s finding that petitioner is not disabled may not be judicially disturbed since it is supported by some credible evidence, including its own examinations of petitioner (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761;…